Trying to claim money from guarantor but legal fees outweighing the debt?
We have an issue where a tenant has been evicted from a property we are now owed back rent of £2900 and damage caused by the tenant another couple of thousand then there’s legal costs getting the eviction etc etc. So for arguments sake lets say £5000.
We have now re let the property. There is a guarantor the grandmother who has a job and their own house. I now want to issue proceedings to either get my money back or have second charge on her existing property or attachment to earnings etc etc.
The letting agent has gone beyond the call of duty helping so far but now have said that I need to either do all this myself or get a solicitor in to do all the paperwork. I do not mind issuing an online summons however our local court will look for the simplest excuse not to grant judgement ie something wrong on paperwork.
They will not help with paperwork and each time the court say I should contact a solicitor. I have tried that. 2 firms have said say they cannot pass their fees on to guarantor debt and the £5500 & £6000 they want to charge me I pay regardless of judgement. Has anyone out there got either template suggestions for the summons paperwork or a solicitor or expert that I do expect to be paid however not all my owed money plus more?
I would appreciate anybody’s help.
Dave
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Member Since February 2011 - Comments: 3453 - Articles: 286
11:21 AM, 28th May 2015, About 11 years ago
Hi Dave,
If I need legal assistance I contact our friends at Cotswold Barristers
Please see >> https://www.property118.com/member/?id=1945
Member Since July 2013 - Comments: 463
11:44 AM, 28th May 2015, About 11 years ago
Do you have a CCJ yet against the tenant? It is pretty easy to apply to do this yourself online, but I don’t know if the CCJ is enforceable against the guarantor as well. I imagine a lot depends on the wording of the guarantor agreement. If the letting agent drew up the guarantor agreement alongside the AST, ask the agent if they know of any examples where a guarantor has had a successful claim made against them by the landlord.
You could also join the RLA or NLA, if you are not a member already, and use their free advice line.
The charges being quoted by these other solicitors seem very high: have you tried a no-win. no-fee company? They will keep a large chunk of any proceeds but frankly from what I’ve heard, you’ll be lucky anyway to get anything from anyone. The system for reclaiming debts in this country is very weak and seems to be widely abused by debtors.
Member Since July 2013 - Comments: 30
11:45 AM, 28th May 2015, About 11 years ago
Hi Dave
I can assist at £27.00 per hour if you wish with a free initial review and advice.
Member Since July 2013 - Comments: 463
11:49 AM, 28th May 2015, About 11 years ago
You should also check out this thread: https://www.property118.com/guarantors-unfair-terms-consumer-contracts-regulations-1991/74330/
Member Since March 2015 - Comments: 34
11:50 AM, 28th May 2015, About 11 years ago
Hi,
We have used Pitmans in a similar case and their fees were not as high as you have been quoted. It could be that your case requires more work and therefore you have been quoted such a high price
Member Since July 2013 - Comments: 303
11:55 AM, 28th May 2015, About 11 years ago
You were lucky that you could speak to some at the Courts for its worth . In my experience the call never get answered & after a while you are timed out and you have to get back into the queue. ( The excuse ” cuts” ) weren’t we suppose to have the best legal system in the world !!!!!!!!!!!!!!!!!!!!!.
Member Since May 2015 - Comments: 9
12:09 PM, 28th May 2015, About 11 years ago
Reply to the comment left by “shakeel ahmad” at “28/05/2015 – 11:55“:
Crazy thing is that no 2 “judges” in local court seems to have the same guidelines or ruling I have asked if I along with other landlords and letting agents could have a meeting to save us all time and the courts but this was declined. I appreciate your time in replying
Member Since May 2015 - Comments: 9
12:10 PM, 28th May 2015, About 11 years ago
Reply to the comment left by “Charles Fonteijn” at “28/05/2015 – 11:50“:
Thank you I will ask them for a quote where are they based? Is there a user friendly solicitor there can you can recommend. I appreciate your time in replying
DD
Member Since May 2015 - Comments: 9
12:13 PM, 28th May 2015, About 11 years ago
Reply to the comment left by “Neil Patterson” at “28/05/2015 – 11:21“:
Barristers I know plenty through my other business but they tell me its a local solicitor that I need. I appreciate your help. DD
Member Since October 2014 - Comments: 105
12:23 PM, 28th May 2015, About 11 years ago
Reply to the comment left by “White Collar” at “28/05/2015 – 11:45“:
Hi, my initial input would be to engage WHITE COLLAR @£27 P/H to get a clearer picture of your case/paperwork and a strategy to move forward. I reckon you would initially require a C.C.J. in regards to the rent arrears, if successful transfer it up to the High Court for enforcement (£60) . my dealings with the County Court is that you have to do all the leg work ,i,e finding where they now live and work, etc regarding the guarantor and attachment of earnings these would be seperate issues and fees would apply in each case. I attended a recent landlords meeting with HIGH COURT ENFORCEMENT who are on channel 5.A very informative presentation with a clear message that they can achieve results when others can,t but even their fees around £600 have to be paid upfront but it is an expense so i see it as deductable for your returns. good luck and please keep us updated as this well could happen to us.